Terms of Sale
1. Agreement. These Terms of Sale, together with the order hereby acknowledged (Order), constitute the entire agreement between Buyer (who is identified in the Order) and Seller (L.A. Design Concepts Inc.) with respect to the merchandise sold. Provisions in the Order which are contrary to these Terms of Sale are rejected by Seller. Any documents which purport to modify these Terms of Sale must, to be effective, be signed by an officer of Seller. Neither the Order nor these Terms of Sale bind the manufacturer of the merchandise sold.
2. Fabrics. Purchaser is advised to request a cutting for approval on current dye lot offered with an order. Cutting for approvals are only offered on orders of 3 yards or greater, unless otherwise specified on purchaser’s invoice. If purchaser elects to waive cutting for approval, then purchaser has no recourse on dye lot received. Purchaser is further advised to examine all merchandise immediately to be certain that it conforms to purchaser's order. Purchaser bears entire risk of conducting such inspection of merchandise immediately and shall be deemed to waive any objection as to nonconformance of the merchandise to purchaser's order. In the event of failure by purchaser to conduct said inspection, insofar as the nonconformance of merchandise to purchaser's order may have been reasonably discoverable had such inspection taken place. All claims for defects and/or nonconformance of merchandise to the order therefore must be presented in writing seven (7) days from the date of receipt of the merchandise including digital photos to Seller. Such claim shall designate each and every defect and/or nonconformity, which is being claimed by the purchaser. Failure to advise Seller of any claim for defect and/or nonconformity will constitute acceptance of the merchandise and/or waiver of any claims with respect to such defect and/or nonconformity purchaser may have against Seller and/or any supplier thereof. Purchaser shall be entitled to make no claim whatsoever, nor will any return be permitted for merchandise which has been cut, hung, altered, treated, processed or had a finish applied (e.g. flame-proofing, water repellant, stain resistance, dye, etc.) or with respect to any special or custom orders. If an order is deemed defective by manufacturer and returned in original condition, Seller will instruct manufacturer to send replacement fabric to purchaser at no cost. If replacement fabric is no longer available, then purchaser will be entitled to a full refund.
3. Wallpaper. There are no dye cuttings offered on wallpaper. Buyer agrees to accept current dye lot offered by manufacturer. If Buyer under orders on their quantity, Seller cannot guarantee additional quantities to be in the same dye lot as original order. Seller HIGHLY recommends contacting a professional wallcovering installer to to confirm your exact amount required. There are no returns or refunds on quantities that have been over ordered.
4. Furniture & Lighting. The purchaser assumes all responsibility for all specifications on custom products ordered and the proper installation of the product. Seller is not responsible for damage to this product or the location in which it is displayed and/or used resulting from its installation or misuse. Our responsibility eases upon consignment to the carrier. In case of damage, Seller will file a freight claim upon purchaser’s behalf. All merchandise must be thoroughly inspected by purchaser for freight damage AT TIME OF DELIVERY. Any said damage MUST BE documented on the delivery slip at this time or purchaser agrees to waive all rights and claims for damaged merchandise. The entire risk as to the quality and performance of merchandise sold subject to these terms and conditions of sale rests with purchaser. Seller and its suppliers bear no responsibility to purchaser for damage or loss occurring after merchandise has been shipped (e.g. damage or loss in transit, damage due to improper handling, etc.) Once merchandise has shipped, liability lies with the carrier. All merchandise is insured for its full wholesale value during shipping to purchaser. Claims for damage to merchandise sold do not relieve or defer the obligation of Buyer to pay for the merchandise sold according to the terms of this agreement. In all cases, it is the responsibility of the purchaser to determine that entry doors, elevators, etc can accept the size of the completed items.
5. Cancellation and Modifications. An order cannot be canceled after Seller’s issuance of the order acknowledgment. Should cancellation be necessary and such cancellation is agreed to by Seller, a cancellation fee equal to 50% of the order total price will apply to all orders for all standard order merchandise and a cancellation fee equal to 100% of the order total price will apply for all custom order merchandise. Any modification of the Order must be in writing from buyer and must be approved in writing by Seller. Modification of the Order may result in additional charges for which Buyer will be solely responsible. Any changes/modifications in the specifications of the merchandise sold will be subject to the manufacturer’s acceptance in writing and any additional charges incurred for any such changes/modifications will be the sole responsibility of Buyer.
6. Delays, Shortages and Unavailability. Seller is not responsible for delays in lead times quoted by manufacturers which may change without notice. Extended lead time from manufacturers do not make any order cancellable unless buyer has written approval from Seller. Buyer agrees to not charge back if order is delayed. On furniture orders lead time does not commence until COM/COL is received and finish is specified. All colors, sizes, quantities and prices are subject to change and/or discontinuance without notice.
7. Payment. Payment for the merchandise sold is due upon Buyer’s receipt of a final invoice. In the event of a default in payment, Buyershall be liable for all collection costs incurred by Seller, including, but not limited to, attorneys fees, collection agency fees and related disbursements. In the event that payment is not made within 90 days of date when due, Buyer shall have the right, but not the obligation, to cancel the Order and retain the merchandise sold and deposit paid as liquidated damages.
8. Exclusive Remedy. Buyer’s exclusive remedy against Seller arising out of any breach of this agreement is limited to the repair or replacement of the merchandise sold, or, alternatively, at Seller’s election, a refund of the purchase price of such merchandise. Seller shall not be liable to Buyer for any direct, indirect, incidental, special, consequential or punitive damages resulting from any breach by Seller of this agreement.
9. Arbitration. All disputes between Buyer and Seller shall be determined exclusively by binding arbitration in Los Angeles, California under the rules of the American Arbitration Association applicable to such disputes.
10. Attorney Fees. The prevailing party in any arbitration or other proceedings related to or arising out of this agreement shall be entitled to recover reasonable attorney’s fees and costs.
11. Governing Law. This agreement shall be governed by the interned laws of the State of California, regardless of where this agreement is executed or is to be performed.
12. Disclaimer. It is the responsibility of the Buyer to provide cuttings or back-up to textile workrooms, showing correct fabric. Fabric manufacturers will only replace incorrectly shipped goods that are in pristine condition and meet their terms and conditions for returns. When fabric is cut or otherwise compromised, even though it may have been wrongly shipped, neither Seller nor the fabric manufacturer will be liable for replacement. It is IMPERATIVE that the workroom does not cut any fabrics until they have been verified by the Buyer.
L.A. Design Concepts
842 Redondo Avenue, Long Beach CA 90804
